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Bombay High CourtCAF/4176/2014dismissed for noncomplying conditional order

Anusaya Dashrath Janvekar v. Shamrao Baburao Satale

2015-03-11Hon'Ble Shri Justice K.K. Tated2 pages

30 caf4176-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4176 OF 2014 IN FIRST APPEAL NO.2025 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Amit Borkar for the applicant Mr.Avinash Belge i/b Mr.S.S.Pakale for the respondent

CORAM

: K.K.TATED, J.

DATED : 11/03/2015 PC:

Heard the learned counsel for the applicant.

Advocate for the respondent submits that they do not have any instruction from the respondent to appear in this matter.

This application is for restoration of First Appeal No.2025 of 2006 which was dismissed in view of order dated 31.01.2007 passed by this court for non­filing of private paper book within one year.

Considering these facts, following order is passed:

a Rule.

Mohite 1/2

30 caf4176-14.doc b Rule made returnable after 6 weeks.

c In addition to usual mode of service, Applicant is permitted to serve respondent by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. d If bhatta charges are not paid within stipulated time, the Civil Application shall stand dismissed without further reference to the court.

(K.K.TATED, J.) Mohite 2/2